Holder v. Curry

Filing 24

ORDER SCHEDULING BRIEFING ON PETITIONER'S POST-REMAND REQUEST FOR RELEASE. Signed by Judge Claudia Wilken on 5/24/2011. (ndr, COURT STAFF) (Filed on 5/24/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 KEITH HOLDER, 5 Petitioner, 6 7 No. C 08-2572 CW (PR) ORDER SCHEDULING BRIEFING ON PETITIONER'S POST-REMAND REQUEST FOR RELEASE v. BEN CURRY, Warden, 8 Respondent. / 9 United States District Court For the Northern District of California 10 In an Order filed August 6, 2010, the Court granted 11 Petitioner’s pro se petition for a writ of habeas corpus under 28 12 U.S.C. § 2254 challenging the October 26, 2006 decision of the 13 California Board of Parole Hearings (BPH) to deny him parole. 14 particular, the Court ordered the BPH to “set a parole date for 15 Petitioner unless it finds new evidence, arising after the 2006 16 hearing, of current dangerousness.” 17 In (Docket No. 9 at 25.) On September 3, 2010, the Court granted Respondent's request 18 for a temporary stay of the Court's Order to allow Respondent time 19 to seek a stay in the Ninth Circuit. 20 Ninth Circuit stayed the Court’s Order pending appeal. 21 On November 30, 2010, the On May 10, 2011, the Ninth Circuit granted Petitioner’s motion 22 to dismiss the appeal as moot, vacated the Court’s judgment and 23 remanded to this Court “for further proceedings consistent with this 24 order.” 25 (Docket No. 22 at 1.) On May 16, 2011, Petitioner filed a “Post-Remand Request for 26 Immediate Release,” in which he argues he is entitled to release 27 from custody because the BPH held a new hearing on September 2, 28 2010, i.e., before this Court entered the temporary stay, and 1 granted Petitioner a parole date. 2 Ninth Circuit’s dismissal of Respondent’s appeal as moot entitles 3 Petitioner to release on parole. 4 5 6 7 8 9 10 Thus, Petitioner argues, the Good cause appearing, the following briefing schedule is HEREBY SET on Petitioner’s request: Respondent shall file a response to Petitioner’s request no later than fourteen (14) days from the date of this Order. Petitioner shall file a reply to the response no later than seven (7) days from the date the response is filed. IT IS SO ORDERED. 11 Dated: 12 5/24/2011 CLAUDIA WILKEN United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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